McDonald v. Department of Transportation

Blackburn, Chief Judge.

In this condemnation action, Maxine McDonald and John Robert McDonald appeal a jury’s award to them of $96,500 as just compensation for the taking of 3.509 acres by the Georgia Department of Transportation (DOT). On appeal, the McDonalds contend that they are entitled to a new trial because the trial court made numerous errors in its instructions to the jury. For the reasons set forth below, we reverse.

Viewed in the light most favorable to the jury’s verdict, the record shows that the McDonalds owned a certain 13.5-acre tract of land in Walker County. The McDonalds used…